Michael Wilson & Partners Limited v Emmott (No. 2) [2024] NSWSC 1435

Supreme Court New South Wales

Medium Neutral Citation: Michael Wilson & Partners Limited v Emmott (No. 2) [2024] NSWSC 1435 Hearing dates: 12-13 and 29 August 2024, further submissions filed 3 and 9 September 2024 Date of orders: 12 November 2024 Decision date: 12 November 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Order 3(k) of the Registrar's 2 February 2024 orders, relating to Items 21 to 24 inclusive referred to in MFI 1, be set aside. (2) These proceedings be stayed until the final determination of the defendant's 22 July 2022 set off application by the High Court of Justice, Business and Property Court of England & Wales, Commercial Court. (3) The parties confer after the High Court's judgment is delivered, with a view to identifying the real issues remaining between them. (4) The plaintiff pay the defendant's costs of the parties' February and April 2024 motions to date, as agreed or assessed. (5) The proceedings be listed before the Registrar for further directions at 9.30 am on 11 March 2025, with liberty to apply on 72 hours' notice in writing, in the event that the High Court's judgment has not been delivered before that date. Catchwords: COSTS – competing motions – usual order follow the event – discretion to depart – apportionment sought –_ costs orders should reflect practical outcome of motions heard – no departure from usual order Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Michael Wilson & Partners Limited v Emmott [2024] NSWSC 1258 Sabah Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306 Texts Cited: Nil Category: Costs Parties: Michael Wilson & Partners Limited (Plaintiff) John Forster Emmott (Defendant) Representation: Counsel: G Burton SC (Plaintiff) J Baird (Defendant)